Prince Edward Island Intestacy Calculator: Dying Without a Will
Calculate estate distribution in PEI under the Probate Act. See who inherits with PEI's Ontario-style distribution formula.
Your Situation
Federal Indian Act rules apply instead of provincial laws
Prince Edward Island Rules:
• Preferential amount: $50,000
• Common-law recognized: Yes (2 years)
Probate Act, R.S.P.E.I. 1988, c. P-21
Total Estate Value
$500,000
Number of Beneficiaries
3
Province
Prince Edward Island
Distribution Breakdown
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Who Inherits Your Estate
| Beneficiary | Relationship | Share % | Amount | Notes |
|---|---|---|---|---|
| Surviving Spouse | Spouse | 40.0% | $199,985 | Preferential $50,000 + 33% of remainder |
| Child 1 | Child | 30.0% | $150,008 | Share of 67% remainder divided equally |
| Child 2 | Child | 30.0% | $150,008 | Share of 67% remainder divided equally |
How the Distribution is Calculated
Prince Edward Island Intestacy Formula:
1. Spouse receives preferential amount: $50,000
2. Remainder: $500,000 - $50,000 = $450,000
3. Spouse receives 33% of remainder: $149,985
4. Spouse total: $50,000 + $149,985 = $199,985
5. Children split 67% of remainder: $300,015 ÷ 2 = $150,008 each
Legislation: Probate Act, R.S.P.E.I. 1988, c. P-21
About Prince Edward Island Intestacy Laws
Preferential Share
$50,000
Spouse's first inheritance
Common-law Status
Common-law partners recognized after 2 years of continuous cohabitation
Recognition threshold
Distribution Split
Spouse receives first $50,000, then 1/3 of remainder. Children share remaining 2/3.
Between spouse & children
Overview
Prince Edward Island's intestacy laws are governed by the Probate Act (R.S.P.E.I. 1988, c. P-21). Interestingly, despite being an Atlantic province, PEI does NOT use the sliding-scale distribution formula used by Nova Scotia, New Brunswick, and Yukon. Instead, PEI follows the Ontario formula where the spouse receives 1/3 of the remainder and children share 2/3, regardless of the number of children. The preferential share is $50,000, the same as most Atlantic provinces. PEI's laws are straightforward and have remained stable for many years.
Key Intestacy Rules
- •Preferential share of $50,000
- •Common-law partners recognized after 2 years
- •Spouse gets 1/3 of remainder, children get 2/3
- •Uses Ontario-style distribution formula (1/3-2/3 split)
- •Stepchildren do NOT inherit unless adopted
- •All children inherit equally
Distribution Rules
PEI's distribution follows this hierarchy: First, the married spouse or common-law partner (after 2 years) receives the first $50,000. Then, regardless of the number of children, the spouse receives 1/3 of any remainder and children share 2/3 equally. If there's no spouse, children take everything equally. If no descendants, parents inherit the entire estate. If no parents, siblings share equally. Then nieces and nephews, then more distant relatives. Finally, if no heirs can be found, the estate escheats to the Prince Edward Island government. The consistent 1/3-2/3 split is simpler than the variable formulas used in neighboring provinces.
Common-law Partner Recognition
Prince Edward Island recognizes common-law partners after two years of continuous cohabitation in a conjugal relationship. This is defined in family law statutes and matches the recognition period in BC, Saskatchewan, Nova Scotia, Nunavut, and Yukon. PEI treats common-law partners identically to married spouses for intestacy purposes once the two-year threshold is met - there is no distinction in inheritance rights. If your relationship is under 2 years, your partner will NOT inherit unless you have a will naming them as a beneficiary.
Special Considerations
PEI's intestacy system includes several important features: (1) Despite being in Atlantic Canada, PEI uses the Ontario formula (1/3-2/3) rather than the sliding scale used by NS and NB. (2) Stepchildren do NOT inherit unless they were legally adopted. (3) Adopted children have identical inheritance rights to biological children. (4) Half-siblings inherit equally with full siblings. (5) PEI uses "per stirpes" distribution where grandchildren step into their deceased parent's share. (6) The Public Trustee administers estates with no heirs. (7) As Canada's smallest province, PEI has a well-established and stable legal system. (8) Indigenous people with Indian status dying on reserve land are subject to federal Indian Act provisions, not provincial law.
Unique Features
- ✓PEI uses the Ontario-style formula (1/3-2/3) rather than the Atlantic sliding scale
- ✓Despite being in Atlantic Canada, PEI does NOT use the variable distribution like NS and NB
- ✓Common-law recognition after 2 years is moderate
- ✓Smallest province with straightforward, well-established rules
- ✓The Probate Act is the governing legislation
Governing Legislation
Probate Act, R.S.P.E.I. 1988, c. P-21
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Frequently Asked Questions
About This Calculator
When a Canadian dies without a valid will, they die "intestate." This intestate succession calculator shows exactly how your estate would be distributed according to Canadian provincial laws if you die without a will. Understanding intestacy laws is crucial for estate planning because provincial legislation determines who inherits your assets—often in ways that don't align with your wishes. Each Canadian province has different intestate succession rules, and the differences can be dramatic. For example, Ontario's Succession Law Reform Act gives a surviving spouse a $350,000 preferential share before children inherit, while Manitoba's threshold is only $50,000. Quebec operates under civil law and does NOT recognize common-law partners at all for intestate succession—only legally married spouses inherit automatically. Our free intestate succession calculator models all 10 provinces' intestacy laws and shows you the exact distribution based on your family situation. You can compare how different provinces treat estates, see how common-law relationships affect inheritance, and understand why having a will is essential. The calculator handles complex scenarios including multiple children, parents, siblings, and extended family, applying the correct provincial formulas to show who inherits what percentage and dollar amount. The results may surprise you. Did you know that in Quebec, your spouse only gets 1/3 of your estate if you have children? Or that in most provinces, your common-law partner must have lived with you for 2-3 years to inherit? Without a will, you have NO CONTROL over who receives your assets—provincial law decides for you. This calculator demonstrates the urgent importance of estate planning and creating a legally valid will that reflects your true wishes.
Key Features
- Calculate intestate distribution for all 10 Canadian provinces
- Model any family situation: spouse, children, parents, siblings
- See exact dollar amounts each beneficiary would receive
- Visual pie chart showing distribution percentages
- Provincial comparison mode to see how rules differ
- Common-law partner recognition by province
- Step-by-step math explanation of intestacy formulas
- Warning alerts for surprising outcomes
When to Use This Calculator
- Understanding who inherits if you die without a will
- Comparing intestate distribution vs your desired distribution
- Learning how common-law relationships affect inheritance
- Seeing how different provinces treat estates differently
- Educating family members about importance of estate planning
- Estate planning preparation before meeting with lawyer
- Teaching children about Canadian succession law